79-year-old suspect in boy's shooting held without bond

August 9, 2011|By Juan Ortega, Sun Sentinel

FORT LAUDERDALE — A 79-year-old man accused of shooting a boy near the man's home must stay in jail at least until next month, because his defense attorney and prosecutors could not reach a compromise allowing his release on bond, a judge said Tuesday.

Broward County Judge John "Jay" Hurley on Monday acknowledged that James McIvery, a retired postal worker, has age-related medical issues and is the caretaker for his adult, mentally disabled daughter. On Monday, Hurley gave the lawyers an extra day to review McIvery's case.

But on Tuesday, after a prosecutor asked for another hearing, Hurley ordered that McIvery be held without bond until Broward Circuit Judge Lisa Porter gets a chance to weigh his eligibility for release. A hearing with Porter is scheduled for Sept. 2, according to McIvery's public defender, Melisa McNeill.

"It does appear that Mr. McIvery is infirm due to age. His eyesight may not be that good," Hurley said.

"I'm not sure, as the judge, that being in jail is the best place for him, even though I realize that he's charged with a very serious charge," he said.

But Hurley said he respected prosecutors' desire for a "full hearing, and that's their prerogative."

McIvery was arrested Sunday on the charge of aggravated assault with a firearm, a first-degree felony. He told police investigators he was only trying to scare off a group of kids who were pestering him and his daughter when he aimed a small handgun at the ground and fired two shots, according to police.

One of the bullets struck Traves Neal, 12, who is in stable condition at Broward General Medical Center and is expected to survive, but with a bullet lodged inside him, the child's family said.

McIvery surrendered to authorities after the shooting outside his apartment in the 700 block of Northwest 12th Terrace.

During questioning, McIvery told officers that a group of kids, including Traves, had knocked on his door repeatedly and that he asked them more than once to leave him alone.

The Broward Public Defender's Office has found several elderly neighbors prepared to testify that the group was pestering residents, spraying graffiti on the apartment complex's mailboxes and throwing eggs, McNeill said.

McNeill said it was disappointing that no less-restrictive option could be found for the longtime city resident and church minister. If McIvery were freed on bond, he would not have access to a firearm or be a flight risk, she said.

"He is deeply remorseful that anything ever happened to this child," McNeill said. "It was never his intention to harm anyone."